Slip Op. 05-150
UNITED STATES COURT OF INTERNATIONAL TRADE
BEFORE: SENIOR JUDGE NICHOLAS TSOUCALAS
________________________________________
:
GLOBE METALLURGICAL, INC. :
and SIMCALA, INC., :
:
Plaintiffs, :
:
v. :
:
UNITED STATES, :
: Consol. Court No.
Defendant, : 03-00202
:
and :
:
BRATSK ALUMINIUM SMELTER :
and RUAL TRADE LIMITED, :
:
Defendant-Intervenors. :
________________________________________:
JUDGMENT
In Globe Metallurgical, Inc. v. United States, 29 CIT ___,
Slip Op. 05-90 (2005), the Court remanded this matter to the United
States Department of Commerce (“Commerce”) with instructions to:
(1) recalculate ZAO Kremny and SUAL-Kremny-Ural Ltd.’s
(collectively, “Kremny’s”) antidumping duty margin using as partial
adverse facts available the antidumping duty margin for Bratsk
Aluminum Smelter and Rual Trade Limited (collectively, “Bratsk”)
that was calculated in Final Results of Redetermination Pursuant to
Court Remand (“First Remand Results”) filed on December 23, 2004;
or (2) explain the use of the Bratsk margin from the Notice of
Amended Final Determination of Sales at Less Than Fair Value:
Silicon Metal From the Russian Federation, 68 Fed. Reg. 12,037
(Mar. 13, 2003). See Globe Metallurgical, 29 CIT at ___, Slip Op.
05-90 at 14. On October 25, 2005, Commerce filed its Final Results
of Redetermination Pursuant to Court Remand (“Second Remand
Results”). For its Second Remand Results, Commerce recalculated
Kremny’s antidumping duty margin using the antidumping duty margin
for Bratsk that was calculated in the First Remand Results. See
Second Remand Results at 3. Accordingly, Kremny’s antidumping duty
margin for the period July 1, 2001, through December 31, 2001, is
61.61 percent. See id. at 4.
Consol. Court No. 03-00202 Page 2
This Court, having received and reviewed Commerce’s Second
Remand Results, comments of Plaintiffs, and response of Defendant,
holds that Commerce duly complied with the Court’s remand order,
and it is hereby
ORDERED that Commerce’s Second Remand Results are reasonable,
supported by substantial evidence, and otherwise in accordance with
law; and it is further
ORDERED that the Second Remand Results filed by Commerce on
October 25, 2005, are affirmed in their entirety; and it is further
ORDERED that since all other issues have been decided, this
case is dismissed.
/s/ Nicholas Tsoucalas
NICHOLAS TSOUCALAS
SENIOR JUDGE
Dated: November 28, 2005
New York, New York